[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80336-80337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25451]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1375]


Certain Mobile Phones, Components Thereof, and Products 
Containing Same; Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 11, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of 
Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on 
October 31, 2023 and November 9, 2023. The complaint alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain mobile phones, components thereof, and products 
containing same by reason of the infringement of certain claims of U.S. 
Patent No. 10,425,817 (``the '817 patent''); U.S. Patent No. 10,306,669 
(``the '669 patent''); U.S. Patent No. 11,317,342 (``the '342 
patent''); and U.S. Patent No. 11,515,893 (``the '893 patent''). The 
complaint further alleges that an industry in the United States exists 
or is in the process of being established as required by the applicable 
Federal Statute. The complainant requests that the Commission institute 
an investigation and, after the investigation, issue a limited 
exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#5316171a00601b363f231326203a27307d343c25"><span class="__cf_email__" data-cfemail="1550515c46265d7079655560667c61763b727a63">[email protected]</span></a>. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: Authority: The authority for institution of 
this investigation is contained in section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 13, 2023, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 10-16 of the '817 patent; claims 1-23 of the '669 patent; claims 
1-18 and 34-40 of the '342 patent; and claims 1-12 of the '893 patent, 
and whether an industry in the United States exists or is in the 
process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``mobile phones and 
smartphones capable of operating in a 5G network'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm, 
Sweden

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

    Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800, 
Chicago, Illinois 60654
Lenovo (United States) Inc., 1009 Think Place, Building One, 
Morrisville, NC 27560
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 
King's Road, Quarry Bay, Hong Kong SAR
Motorola (Wuhan) Mobility Technologies, Communication Co., LTD., 19 
Gaoxin 4th Road, Donghu New Technology Development Zone, Hubei 430205 
Wuhan, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint

[[Page 80337]]

and the notice of investigation will not be granted unless good cause 
therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25451 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P


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